D.C. Mun. Regs. tit. 23, r. 23-201

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 23-201 - TEMPORARY OPERATING RETAIL PERMIT

201.1

The purchaser of an ABC licensed establishment that seeks to continue business operations authorized by the purchased license while awaiting Board approval on a transfer of ownership application where there is no substantial change to the licensed premises may apply to the Board for a permit to temporarily operate under the purchased license pursuant to the following conditions:

(a) The transfer application must be filed with or before the application for temporary authority;

(b) The subject premises must not have been closed nor the sale or service of alcoholic beverages discontinued during the thirty (30) days immediately prior to the filing of the permit application; and

(c) That no substantial changes to the licensed premises will occur.

201.2

An applicant for a temporary operating retail permit shall complete an application provided by the Board that at a minimum shall include:

(a) The name of the applicant;

(b) The license number;

(c) The name of the current licensee;

(d) The address of the licensed premises; and

(e) A signed statement that no substantial change to the licensed premises will occur.

201.3

The holder of the temporary operating retail permit may purchase alcoholic beverages only by payment drawn upon the permit holder's bank account and such payment may be made by check, currency, electronic funds transfer, or other type of immediate transfer of money on or before delivery of the alcoholic beverages to the premises, unless the permit holder already holds another retail license.

201.4

The temporary operating retail permit shall be valid until the applicant's transfer application is either granted or denied by the Board or until the permit is cancelled or suspended by the Board pursuant to § 201.6.

201.5

Notwithstanding § 201.4, no temporary operating retail permit shall be valid for longer than ninety (90) calendar days unless extended by the Board for good cause.

201.6

The temporary operating retail permit may, after a hearing, be cancelled or suspended at any time, if the Board determines that good cause exists for the cancellation or suspension of the permit.

D.C. Mun. Regs. tit. 23, r. 23-201

Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); amended by Final Rulemaking published at 68 DCR 7421 (7/30/2021)